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Thomas, Lawyer

Category: UK Law

Satisfied Customers: 7006

Experience: BA (Hons), PgDip, Practising Solicitor

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In December 2007 me and my ex partner took out a mortgage in

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In December 2007 me and my ex partner took out a mortgage in both mine and his name, we split up and i left and moved back home as it was easier for me to as he had 3 children from a previous marriage hence why we took out a mortgage so we had room. I know i should of took my name off but at the time i just couldn't think as it wasn't the best of break ups, my ex partner had a good job so wasn't concerned about him paying the mortgage, the only txt i ever got was him telling me that the house had been repossessed and he was legally bankrupt. i had know idea this was going on as we have had no contact what so ever since we split up which is coming up to nearly four years roughly. When i checked my credit file as the alarm bells were ringing big time i saw it on my file, in august 2010 it had that the accout had been closed, i received a letter this morning from the actual mortgage company more or less saying that i had to pay what was left or if i couldn't they could come up with a payment agreement (im guessing monthly installments) their is no way i can afford to pay for a house that doesn't exist, i know it does on paper though. i have no paper work on the house what so ever i couldn't even tell you what the mortgage monthly payments were. any help and advice would be appreciated

You mentioned that your partner has said that the house has been repossessed. I assume that it has and this is why the lender has written to you.

If repossession has occurred then the lender would have sold the house and recouped as much of the mortgage as they could from the sale. If there are monies left over then they will pursue those persons named on the mortgage – ie. You and your partner.

Unfortunately, the liability under joint mortgage is joint and several. This means that the lender can sue either or both of you regardless of whether you lived at the property, had ceased paying the mortgage or had an agreement between you both that one of you would be responsible for the arrears.

Regrettably, this means that they can sue you if you were joint mortgage holder. They certainly will if your partner is bankrupt as well. You need to be proactive with them in agreeing a repayment plan unfortunately. If don’t then they will apply for a money judgement against you will and potentially your bankruptcy. This would then ruin your credit record.

You need to work out how much is owing, contact your partner to see what he can pay and then negotiate with the lender to agree a repayment plan.

I am very sorry that I could not have better news for you. It’s an awful position to be in.

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